Can't appeal to POPLA - what to do now?

sharonbetty · 26 August 2019 at 3:06PM

POPLA appeal was pretty much from the template here - first points were...

They've not used POFA 2012
They've claimed it was land covered by airport byelaws
Byelaws are only relevant w.r.t. liability of the driver so the keeper isn't liable and they don't know who was driving and the keeper has no legal obligation to name the driver.

Then all the camera, signage, contract with landowner stuff, etc.

Thought it was pretty standard so decided not to use up your (and others) expert time which could be better used on the unusual cases - but thanks anyway.

I will inform of any further "news".

sharonbetty · 9 September 2019 at 4:13PM

As expected, APCOA did not wish to contest the appeal.

Many thanks to all on these forums who help stop this scam.

Just as a point of information, APCOA were using the "byelaws" bit at Luton airport (rather than POFA). However, the road leading into the airport (from the roundabout, under the tunnel, to the carparks) is accessible to the public and so is subject to road traffic enactments.

From the Luton airport byelaws "This Part of these byelaws extends only to the parts of the airport to which the road traffic enactments do not apply."

So actually the byelaws wouldn't apply. I believe that means that only the council or the police can then enforce any traffic regulations (the driver may have breached these) on that area. It's certainly not a parking contract breach that a parking company can pursue - even if it is on private land with the agreement of the landowner.

Also, I'm not even sure that the double red lines with no stopping on that bit of road are legal (which is the bit that this PCN really relates to). I can't find any approval from anyone (Local Council or Highways Dept) of the red lines. I did find Council approval to trial double red lines on the roads on the other side of the roundabout, but that's not on the bit that's Luton Airport private land.

Any thoughts?